NAC: CHAPTER 447 - PUBLIC ACCOMMODATIONS

[Rev. 11/22/2013 8:58:19 AM--2013]

[NAC-447 Revised Date: 11-04]

CHAPTER 447 - PUBLIC ACCOMMODATIONS

GENERAL PROVISIONS

447.010 Definitions.

447.020 “Bathroom” defined.

447.030 “Bedding” defined.

447.040 “Disposable article” defined.

447.050 “Health authority” defined.

447.055 “Hotel” defined.

447.060 “Sanitized” defined.

447.070 “Tableware” defined.

447.080 “Utensils” defined.

447.090 Severability.

FACILITIES AND EQUIPMENT

447.100 Construction and remodeling: Application and approval required; plans and specifications.

447.110 Exemption of certain facilities and equipment from requirements for design and construction.

447.120 Floors.

447.130 Walls, ceilings and closures.

447.140 Lighting.

447.150 Heating and ventilating systems.

447.160 Baths, showers, toilets and lavatories.

447.170 Kitchenettes.

447.180 Water supply.

447.190 Plumbing.

447.200 Garbage and rubbish disposal.

447.210 Sewage disposal.

447.220 Parking areas.

447.230 Disposable articles.

447.240 Bedding, linen and towels.

447.250 Soap; sheets and pillow cases; furniture.

447.260 Ice.

447.270 Tableware: Equipment required for cleaning and sanitizing.

447.280 Tableware: Approval of facilities, devices or procedures for cleaning and sanitizing.

447.290 Tableware: Washing.

447.300 Tableware: Sanitizing.

447.310 Tableware: Storage and handling.

447.320 Control of vermin.

447.330 Pets and other animals.

EMPLOYEES

447.350 Persons ineligible to work in hotels.

447.360 Washing of hands.

447.370 Outer garments.

MISCELLANEOUS PROVISIONS

447.400 Inspections; correction of deficiencies.

447.410 Fees of Health Division of Department of Health and Human Services.

GENERAL PROVISIONS

NAC 447.010 Definitions. (NRS 439.200) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 447.020 to 447.080, inclusive, have the meanings ascribed to them in those sections.

[Bd. of Health, Hotel and Motel Reg. No. 1, eff. 2-5-82]—(NAC A by R008-04, 4-7-2004)

NAC 447.020 “Bathroom” defined. (NRS 439.200) “Bathroom” means a room which contains a bathtub or a shower, or both.

[Bd. of Health, Hotel and Motel Reg. No. 1.1, eff. 2-5-82]

NAC 447.030 “Bedding” defined. (NRS 439.200) “Bedding” includes mattresses, quilts, blankets, sheets, pillows, comforters and spreads.

[Bd. of Health, Hotel and Motel Reg. No. 1.2, eff. 2-5-82]

NAC 447.040 “Disposable article” defined. (NRS 439.200) “Disposable article” means a cup, container, lid, closure, plate, knife, fork, spoon, stirrer, paddle, straw, placemat, napkin, doily, wrapper or similar article which is made wholly or in part from a synthetic or other readily destructible material and which is intended to be discarded after a single use.

[Bd. of Health, Hotel and Motel Reg. No. 1.3, eff. 2-5-82]

NAC 447.050 “Health authority” defined. (NRS 439.200) “Health authority” has the meaning ascribed to it in subsection 4 of NRS 439.005.

[Bd. of Health, Hotel and Motel Reg. No. 1.4, eff. 2-5-82]

NAC 447.055 “Hotel” defined. (NRS 439.200) “Hotel” has the meaning ascribed to it in NRS 447.010.

(Added to NAC by Bd. of Health by R008-04, eff. 4-7-2004)

NAC 447.060 “Sanitized” defined. (NRS 439.200) “Sanitized” means the treatment of equipment and utensils with a bactericide by a process which has been approved by the appropriate health authority as being effective in destroying microorganisms, including pathogens.

[Bd. of Health, Hotel and Motel Reg. No. 1.6, eff. 2-5-82]

NAC 447.070 “Tableware” defined. (NRS 439.200) “Tableware” means all nondisposable utensils for eating and drinking, including knives, forks, spoons, glasses and cups.

[Bd. of Health, Hotel and Motel Reg. No. 1.7, eff. 2-5-82]

NAC 447.080 “Utensils” defined. (NRS 439.200) “Utensils” means any tableware or kitchenware used in the storing, preparing, conveying or serving of food.

[Bd. of Health, Hotel and Motel Reg. No. 1.8, eff. 2-5-82]

NAC 447.090 Severability. (NRS 439.200) If any provision of this chapter or any application thereof to any person, thing or circumstance is held invalid, the State Board of Health intends that the invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

[Bd. of Health, Hotel and Motel Reg. No. 9.1, eff. 2-5-82]

FACILITIES AND EQUIPMENT

NAC 447.100 Construction and remodeling: Application and approval required; plans and specifications. (NRS 439.200, 447.185)

1. Any person who desires to construct a hotel or to remodel or add to an existing hotel must apply in writing to the appropriate health authority on forms furnished by the health authority, giving the name of the hotel and its location together with such other information as may be required. The application must be accompanied by plans, specifications and supporting data.

2. Plans and specifications for hotels must have been prepared by a professional engineer who is registered in this State, an architect who is registered in this State, or a licensed contractor who holds a license issued by the State Contractors’ Board in the appropriate classification and subclassification. A licensed professional engineer or a registered architect shall include his seal and signature on any plans and specifications submitted to the health authority. A licensed contractor shall include his signature on any plans and specifications submitted to the health authority.

3. The plans must be drawn to scale, include a north arrow, and be accompanied by proper specifications to permit a comprehensive engineering review.

4. The submitted plans must be approved in writing before any construction is undertaken.

[Bd. of Health, Hotel and Motel Reg. No. 7.1.1, eff. 2-5-82]—(NAC A by R008-04, 4-7-2004)

NAC 447.110 Exemption of certain facilities and equipment from requirements for design and construction. (NRS 439.200) If any facility or equipment being used by the operator of a hotel on February 5, 1982, does not meet the requirements for design and construction established in this chapter, the operator is exempted from those requirements and may continue to use the facility or equipment if it is in good repair, is capable of being maintained in a sanitary condition and does not create a health hazard.

[Bd. of Health, Hotel and Motel Reg. No. 8.1, eff. 2-5-82]

NAC 447.120 Floors. (NRS 439.200)

1. Every floor and every floor covering, such as carpeting, must be kept clean and in good repair so that it will not become a hazard to safety or health.

2. The floors in areas used for washing and sanitizing tableware and in laundry areas, kitchenettes, and in areas in bathrooms and toilet rooms which are next to the tub, shower or toilet, must be constructed of smooth, durable, nonabsorbent and easily cleanable material.

3. The floors in such areas must not be covered with carpeting. The appropriate health authority may prohibit the use of carpeting in any other area which it deems would be made unsanitary by the use of carpeting.

4. Every concrete, tile, ceramic and vinyl floor installed in a bathroom, toilet room, laundry room or kitchenette must be coved at the junctures between the floor and the walls. All material used to cove the junctures must be fitted snugly to the floor and the walls so there are no openings large enough to permit the entrance of vermin.

[Bd. of Health, Hotel and Motel Reg. Nos. 4.1.1-4.1.4, eff. 2-5-82]

NAC 447.130 Walls, ceilings and closures. (NRS 439.200)

1. All walls and ceilings, all doors, windows, skylights and other closures, all fixtures and all decorative material must be kept clean and in good repair.

2. The walls of bathrooms, toilet rooms, rooms for washing tableware, and kitchenettes must be of a light color and be smooth and easily cleanable.

3. The materials used in constructing the walls and ceilings must be joined along their edges so as to leave no open spaces or cracks.

4. Studs, joists, rafters and beams must not be left exposed in bathrooms, toilet rooms, laundry rooms or kitchenettes. If left exposed in other areas, these structural members must be suitably finished and be kept clean and in good repair.

[Bd. of Health, Hotel and Motel Reg. Nos. 4.2.1-4.2.4, eff. 2-5-82]

NAC 447.140 Lighting. (NRS 439.200)

1. At least 50 foot-candles of light must be provided in each area for washing tableware and in each kitchenette.

2. At least 20 foot-candles of light at a distance of 30 inches (76.2 cm) from the floor must be provided in each laundry area, toilet room, bathroom and in each other area during cleaning.

3. At least 15 foot-candles of light must be provided in any area used for living or sleeping.

[Bd. of Health, Hotel and Motel Reg. Nos. 4.3.1-4.3.3, eff. 2-5-82]

NAC 447.150 Heating and ventilating systems. (NRS 439.200)

1. All bathrooms and toilet rooms must be adequately ventilated so that excessive moisture is removed from the room.

2. Each system for heating, cooling or ventilation must be properly maintained.

3. All sleeping rooms, bathrooms and toilet rooms must be capable of being maintained at a temperature between 68°F (20°C) and 80°F (26.7°C) while being used by guests.

[Bd. of Health, Hotel and Motel Reg. Nos. 4.4.1-4.4.3, eff. 2-5-82]

NAC 447.160 Baths, showers, toilets and lavatories. (NRS 439.200)

1. All baths, showers, toilets and lavatories must be kept in good repair.

2. While being used by guests, the floors of the bathrooms and toilet rooms must be sanitized each day.

3. While being used by guests, every surface of a bathtub, shower and toilet which may come in contact with a person’s body must be sanitized each day. All other surfaces must be sanitized at least once a week.

[Bd. of Health, Hotel and Motel Reg. Nos. 5.3.1-5.3.3, eff. 2-5-82]

NAC 447.170 Kitchenettes. (NRS 439.200)

1. No community kitchen facilities are permitted.

2. A kitchenette, when provided, must have all of the following facilities:

(a) A sink which is supplied with adequate hot and cold running water. The hot water must be at least 120°F (48.89°C) at the faucet.

(b) Cooking facilities which are properly installed and have at least a fan which is vented to the outside so that smoke, fumes and odors can be removed.

(d) A counter for food preparation. The surface of the counter must be made of material which is impervious and cleanable.

(e) A refrigeration unit for cooling food. The unit must be capable of maintaining a temperature of 45°F (7.2°C) or lower.

(f ) A cupboard and other receptacles in which utensils, tableware and food can be kept protected from contamination.

[Bd. of Health, Hotel and Motel Reg. Nos. 5.4.1 & 5.4.2, eff. 2-5-82]

NAC 447.180 Water supply. (NRS 439.200)

1. The water supply of a hotel must be piped in directly from a source approved by the appropriate health authority.

2. Hot and cold running water in sufficient quantity must be provided for all bath and shower rooms, lavatories, laundry areas and areas for washing tableware.

[Bd. of Health, Hotel and Motel Reg. Nos. 6.1.1 & 6.1.2, eff. 2-5-82]

NAC 447.190 Plumbing. (NRS 439.200)

1. The potable water system must be installed in such a manner that there is no cross connection between it and any other system.

2. Every room with laundry facilities must have a drain in the floor of the room.

3. Each ice machine, dishwasher or sink used for washing laundry, tableware or utensils must drain through an air gap to prevent sewage from backing up.

[Bd. of Health, Hotel and Motel Reg. Nos. 6.4.1-6.4.3, eff. 2-5-82]

NAC 447.200 Garbage and rubbish disposal. (NRS 439.200)

1. Each hotel must have containers of sufficient number and size to store all the garbage and rubbish until it is removed.

2. The containers must be kept at locations and be emptied at frequencies approved by the appropriate health authority. The approved locations and frequencies must be such as will prevent danger to the public health and prevent the containers and waste from becoming nuisances.

3. The containers must be kept covered at all times except when being filled, emptied or cleaned.

4. The containers must be kept clean, and facilities for washing them must be operated in a sanitary manner. Wastewater from cleaning the containers must be disposed of as sewage.

[Bd. of Health, Hotel and Motel Reg. Nos. 6.6.1-6.6.4, eff. 2-5-82]

NAC 447.210 Sewage disposal. (NRS 439.200) All sewage carried by water must be disposed of by means of public sewerage or by a system for disposal which is approved by the appropriate health authority.

[Bd. of Health, Hotel and Motel Reg. No. 6.3, eff. 2-5-82]

NAC 447.220 Parking areas. (NRS 439.200) All parking areas must have adequate drainage, and be kept clean and free of any health hazards.

[Bd. of Health, Hotel and Motel Reg. No. 5.5.1, eff. 2-5-82]

NAC 447.230 Disposable articles. (NRS 439.200)

1. All disposable articles in a hotel must be:

(a) Stored in closed cartons or containers to protect the contents from contamination; and

(b) Handled and dispensed in a manner which will prevent contamination.

2. Disposable articles may be used only once.

3. Disposable articles must be used in a hotel if it does not have adequate and effective facilities for cleaning and sanitizing tableware.

[Bd. of Health, Hotel and Motel Reg. Nos. 3.4.1-3.4.3, eff. 2-5-82]

NAC 447.240 Bedding, linen and towels. (NRS 439.200)

1. Laundered bedding and linen must be stored above the floor level in a clean place until used.

2. All items of bedding and linen must be protected against unnecessary handling or contamination by dust or filth.

3. Containers, laundry carts or laundry bags which are made of cleanable material must be provided for the temporary storage of soiled bedding and towels until the soiled items are laundered.

4. Separate areas must be designated for soiled bedding and soiled linen to prevent the likelihood of their cross-contamination.

5. The cleaned linen and bedding of a hotel must not be stored or transported in laundry bags, laundry carts or other containers which have been used for soiled linen unless the operator of the hotel demonstrates to the appropriate health authority that the containers are, or can be, properly cleaned and their surfaces sanitized.

[Bd. of Health, Hotel and Motel Reg. Nos. 5.1.1-5.1.5, eff. 2-5-82]

NAC 447.250 Soap; sheets and pillow cases; furniture. (NRS 439.200)

1. Individual bars of hand soap must be provided for hotel guests. Used bars of soap must be discarded.

2. Sheets and pillow cases must be replaced at least twice weekly and, at the request of a guest, whenever they have become dirty or are in disrepair.

3. All furniture must be kept in good repair.

[Bd. of Health, Hotel and Motel Reg. Nos. 5.2.1-5.2.3, eff. 2-5-82]

NAC 447.260 Ice. (NRS 439.200)

1. Ice used in a hotel must be made of water obtained from a water supply approved by the appropriate health authority or the ice must be obtained from a source approved by the authority.

2. All ice-making machines must be located, installed, operated and maintained so as to prevent contamination of the ice.

3. Ice must be handled, transported and stored in a manner which will protect it from contamination.

4. If an ice machine is provided for use by the guests of the hotel, the machine must be designed to dispense ice cubes automatically from a storage area which is within the machine and is inaccessible to the user.

5. Ice buckets, ice scoops and other containers and utensils used for ice must, unless of a disposable type, be made of a smooth impervious material and designed to permit effective cleansing. These containers and utensils must be cleaned and sanitized and must be stored and handled in a sanitary manner.

[Bd. of Health, Hotel and Motel Reg. Nos. 6.2.1-6.2.5, eff. 2-5-82]

NAC 447.270 Tableware: Equipment required for cleaning and sanitizing. (NRS 439.200)

1. A suitable area must be provided for cleaning and sanitizing all tableware in a hotel.

2. A sink with three compartments, approved by the appropriate health authority, must be used to manually sanitize the drinking glasses and other tableware in a hotel.

3. Any sink used in a hotel must be constructed with its inside corners rounded so that it may be easily cleaned.

4. Dishtables and drainboards of adequate size must be provided in a hotel for the proper handling of its soiled tableware before washing and its clean tableware after washing. The dishtables and drainboards must be placed so as not to interfere with use of the dishwashing facilities.

[Bd. of Health, Hotel and Motel Reg. Nos. 3.1.1-3.1.4, eff. 2-5-82]

NAC 447.280 Tableware: Approval of facilities, devices or procedures for cleaning and sanitizing. (NRS 439.200) The appropriate health authority may approve any type of facility, device or procedure for cleaning and sanitizing tableware if the hotel operator shows that it is effective and reliable for that purpose.

[Bd. of Health, Hotel and Motel Reg. No. 3.1.5, eff. 2-5-82]

NAC 447.290 Tableware: Washing. (NRS 439.200)

1. All tableware must be thoroughly washed in a reasonably clean solution which contains an effective concentration of detergent.

2. All tableware must be rinsed in clean, warm water after washing.

[Bd. of Health, Hotel and Motel Reg. Nos. 3.2.1 & 3.2.2, eff. 2-5-82]

NAC 447.300 Tableware: Sanitizing. (NRS 439.200)

1. All tableware, when manually washed, must be sanitized by immersion for 1 minute in a clean sanitizing solution containing 50 parts per million ( ppm) of available chlorine at a temperature of 75°F (23.9°C) or higher.

2. A test kit of reasonable accuracy must be used to test the available chlorine in the sanitizing solution. A thermometer with an accuracy of plus or minus 2°F must be used to determine the temperature of the sanitizing rinse water.

3. Other chemical agents which have been demonstrated to the satisfaction of the health authority to be effective and nontoxic under conditions of use and for which a suitable test kit is available may be used in the sanitizing solution if the solution has a bactericidal effect equivalent to a solution containing 50 ppm of available chlorine at a temperature of 75°F (23.9°C) or higher.

4. After being sanitized, all the tableware must be placed in a position for self-draining in a suitable area where it is allowed to dry in the air.

[Bd. of Health, Hotel and Motel Reg. Nos. 3.2.3-3.2.6, eff. 2-5-82]

NAC 447.310 Tableware: Storage and handling. (NRS 439.200)

1. All tableware must be stored above floor level in a clean and dry location so that it is protected from splash, dust and other contamination.

2. All cleaned and sanitized tableware must be handled by employees of a hotel in such a manner that no part of their hands or clothing touch any surfaces of the tableware which will later be in contact with the user’s lips.

3. All cleaned tableware must be wrapped in paper or plastic which has been approved by the appropriate health authority before being placed in a guest room.

[Bd. of Health, Hotel and Motel Reg. Nos. 3.3.1-3.3.3, eff. 2-5-82]

NAC 447.320 Control of vermin. (NRS 439.200)

1. All openings to the exterior of a hotel must be protected from rodents, flies and other vermin.

2. The interior and exterior of a hotel must be maintained in a condition which will prevent the harborage or feeding of vermin.

3. Pesticides may be used only as approved by the appropriate health authority. The authority shall attach such conditions to its approval as will prevent danger to the public health from the use of the pesticides.

[Bd. of Health, Hotel and Motel Reg. Nos. 6.5.1-6.5.3, eff. 2-5-82]

NAC 447.330 Pets and other animals. (NRS 439.200) No pet or other animal may be allowed to create a nuisance.

[Bd. of Health, Hotel and Motel Reg. No. 6.7.1, eff. 2-5-82]

EMPLOYEES

NAC 447.350 Persons ineligible to work in hotels. (NRS 439.200) A person who:

1. Has a communicable disease;

2. Is a carrier of a communicable disease; or

3. Has a boil, an infected wound or any acute respiratory infection,

Ê may not work in a hotel if there is a likelihood that he will transmit the disease to any other person.

[Bd. of Health, Hotel and Motel Reg. No. 2.1.1, eff. 2-5-82]

NAC 447.360 Washing of hands. (NRS 439.200) Each employee of a hotel who comes in contact with utensils, tableware or linen or who cleans guest rooms, toilets or bathrooms shall thoroughly wash his hands with soap and warm water:

1. Before starting work each day;

2. As often as may be required to remove soil and contamination; and

3. After each visit to the toilet room.

[Bd. of Health, Hotel and Motel Reg. No. 2.1.2, eff. 2-5-82]

NAC 447.370 Outer garments. (NRS 439.200) The outer garments of each person engaged in handling linen, bedding or tableware in a hotel must be reasonably clean.

[Bd. of Health, Hotel and Motel Reg. No. 2.1.3, eff. 2-5-82]

MISCELLANEOUS PROVISIONS

NAC 447.400 Inspections; correction of deficiencies. (NRS 439.200)

1. A representative of a health authority shall give a proper identification of himself before entering a hotel to make an inspection pursuant to NRS 447.200. Such an inspection may be made as often as the health authority determines is necessary to ensure compliance with chapter 447 of NRS and the applicable regulations.

2. Upon completion of the inspection, the representative shall prepare a report of the inspection. The report must set forth any deficiency discovered during the inspection and specify the period during which the owner or operator of the hotel is required to correct the deficiency. A copy of the report must be furnished to the owner or operator of the hotel.

3. Any failure of an owner or operator to correct a deficiency within the period specified in the report is a violation of this chapter.

[Bd. of Health, Hotel and Motel Reg. Nos. 7.2.1-7.2.3, eff. 2-5-82]—(NAC A 10-30-97)

NAC 447.410 Fees of Health Division of Department of Health and Human Services. (NRS 439.150, 439.200, 447.185)

1. The Health Division of the Department of Health and Human Services shall charge and collect fees for each inspection of a hotel in accordance with the following schedule, except in areas where the laws and regulations governing hotels are administered by local health authorities:

For a hotel having 30 or fewer rooms or units...........................................	$145
For a hotel having more than 30 rooms or units.........................................	145
Plus $1.50 for each room or unit over 30, not to exceed $1,000.

2. The Health Division shall charge and collect fees for the review of a plan submitted with an application to construct a hotel or to remodel or add to an existing hotel in accordance with the following schedule:

For a plan submitted with an application to construct a hotel.........................	$100
Plus an amount equal to the fee for an inspection of the hotel, if an inspection is required for the hotel after the completion of the construction of the hotel.
For a plan submitted with an application to remodel or add to an existing hotel.............................................................................................................	100
Plus an amount equal to the fee for an inspection of the hotel, if an inspection is required for the hotel after the completion of the remodeling or addition to the hotel.

(Added to NAC by Bd. of Health by R008-04, eff. 4-7-2004)